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North Texas city rejects partial fracking ban

Emily Schmall Associated Press

Posted:
07/16/2014 05:16:33 AM EDT

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Council member George Campbell, left rear, talks with Mayor Chris Watts as council persons Anita Burgess and Dalton Gregory right, listen to Former Texas Railroad Commission executive director John Tintara, at podium, speak at a public hearing at City Hall, Tuesday, July 15, 2014, in Denton, Texas. Current and former Texas officials have warned a North Texas city that it lacks the authority to enact a ban it's considering on hydraulic fracturing. (AP Photo/Tony Gutierrez)

DENTON, Texas (AP) — The council governing a North Texas city that sits atop a large natural gas reserve rejected a bid early Wednesday morning to ban further permitting of hydraulic fracturing in the community after eight hours of public testimony.

Denton City Council members voted down the petition 5-2, sending the proposal to a public ballot in November.

Fracking involves blasting a mix of water, sand and chemicals deep into underground rock formations to release trapped oil and gas. While the method has long stirred concerns about its effects on the environment and human health, proponents argue that fracking can be done safely and is cleaner than other forms of energy extraction. And industry groups and state regulators had warned such a ban could be followed by litigation and a severe hit to Denton's economy.

Barry Smitherman, chairman of the Railroad Commission, the Texas oil and gas regulator, claimed in a letter addressed to Denton's mayor and city council last week that a fracking ban in Denton would "increase America's dependence" on foreign oil and natural gas.

Tom Phillips, a former chief justice of the Texas Supreme Court, representing the powerful Texas Oil and Gas Association, testified that some of its thousands of members would "undoubtedly sue" if the ban eventually passes.

But organizers of the citizen-led petition, which garnered about 1,900 voter signatures, forcing the council to Wednesday's vote, said they proposed the ban as a last resort after fracking operators defied city rules, particularly ones governing setbacks and flarings.

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"If the industry had approached anything near reasonableness" in accepting the rules, activists would not have demanded an outright ban on fracking, said Sharon Wilson of the environmental nonprofit Earthworks.

In making a motion to approve the ban, Councilman Kevin Roden argued the "bold move" would force industry to come up with solutions to satisfy citizens' concerns. The motion, however, was not seconded.

The threats of litigation appeared to color how some of the Denton council members voted. Councilman Greg Johnson voiced concerns that lawsuits from the state and from mineral holders could bankrupt the city.

An estimated 500 people turned out to Denton City Hall for the hearing, spilling over into satellite rooms and even a city building across the street. More than 100 people registered to speak ahead of the vote.

Among them was Riley Briggs, an 11-year-old Boy Scout who said he no longer visited a city park after gas wells were installed across the street.

Other petition supporters, including some who came to tears while addressing the council, said the risks to human health and the environment outweigh the economic benefits.

Denton sits on the Barnett Shale, which is believed to hold one of the largest natural gas reserves in the U.S.

City leaders introduced a temporary ban on new fracking permits in May after fracking-ban proponents delivered the petition.